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Why Are Old Debts Still On My Credit Report After They Were Discharged In My Bankruptcy Case?

By Scott Riddle on March 14, 2016
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Credit Report2The primary goal of most Bankruptcy cases is to get a discharge of some or all of your debts.  The discharge order is an important document that will permanently protect you from future attempts to collect all debts that were discharged, and you have your important “fresh start.”  It is your time to move on with your life, hopefully with far less stress.  A while after your discharge, you check your credit report and you are surprised to find that all of the debts that you listed in your Bankruptcy schedules, that your lawyer (and Court order) told you were discharged, are still there, staring right at you!  Did something go wrong in the case?  Did your Bankruptcy lawyer forget to file something?  Is the credit report wrong?  Probably not.  It is important to understand what a discharge does and does not do for you.

A discharge, in simple terms, means you no longer have any personal liability to pay those debts.  You are forever released, and those creditors are barred from even trying to collect those debts from you.  What a discharge does not do is erase your financial history.  All of these debts will still be on your credit report, just as they would have been had you not filed for Bankruptcy.  The difference is that your credit report will (or should) also reflect that the debts were discharged in your Bankruptcy case and have a zero balance.  The purpose of a credit report is to provide an accurate picture of your credit history, and this accomplishes that goal.  If some of your debts were not discharged for some reason, the report should accurately reflect the current status of the debt and your payments.  Similarly, any other court records will still show court cases, judgments, liens and so on.  A Bankruptcy discharge is a powerful tool even if it does not solve every problem or wipe out all negatives from your past.  As an aside, keep in mind that all other rules apply to credit reports. They still must be accurate, and debts still age off the reports seven years after the last activity.  As you build your credit, the debts and entries will start falling off.

Photo of Scott Riddle Scott Riddle

Scott Riddle has over thirty years’ experience in Bankruptcy and business and real estate litigation and has represented individuals and businesses throughout Georgia and several other states. Scott graduated from The University of North Carolina at Chapel Hill with a BSBA in 1987…

Scott Riddle has over thirty years’ experience in Bankruptcy and business and real estate litigation and has represented individuals and businesses throughout Georgia and several other states. Scott graduated from The University of North Carolina at Chapel Hill with a BSBA in 1987 and received his JD, with honors, in 1991 from the UNC School of Law. After graduation from law school, Scott served as a judicial law clerk for Judge W. Homer Drake, Jr., United States Bankruptcy Judge for the Northern District of Georgia. He then spent several years in the Bankruptcy and litigation sections of a large international law firm based in Atlanta prior to starting his own firm.

Scott is admitted to practice before the Supreme Court of Georgia, Georgia Court of Appeals, Eleventh Circuit Court of Appeals, and U.S. District and Bankruptcy Courts for the Northern, Middle and Southern Districts of Georgia. He has also been admitted to practice pro hac vice in the courts of several other states.

Scott has spoken at several continuing education seminars, and in the community, has been a member of the Kiwanis Club, Buckhead Business Association, Rotary Club and North Point Community Church. He has been cited in several publications, including the Wall Street Journal Online, Atlanta Journal-Constitution, Atlanta Business Chronicle, Fulton County Daily Report, and CNN.com. Scott is a member of the State Bar of Georgia (Bankruptcy and Litigation Sections), served several terms on the Board of Directors of the Bankruptcy Section of the Atlanta Bar Association, and is a member of the Georgia Chapter of the Turnaround Management Association and the American Bankruptcy Institute.

Away from the office, Scott is very active in his community. In addition to volunteering with local charities, Scott has participated and led mission and relief trips to orphanages in Russia and Romania, conducted English camps in Romania and Poland, participated in earthquake relief projects in Haiti, and participated in, and helped organize, an earthquake relief trip to Chile. He also supports Lighthouse Family Retreats, and participates in weekend retreats for children suffering from cancer and their families.

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  • Posted in:
    Bankruptcy
  • Blog:
    Georgia Bankruptcy Law Network
  • Organization:
    The Law Office of Scott B. Riddle
  • Article: View Original Source

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